Bankruptcy Law

Bankruptcy and other debt related issues create stress and uncertainty to those faced with them. Such stress can have an effect on family relationships, mental and physical health. Teuber Law will help you evaluate whether bankruptcy is the right decision for you.

We provide advice on:

• What is bankruptcy?
• What kind of bankruptcy should you file?
• What does it mean for my future?

If it is determined that bankruptcy would be in your best interest, all information will be gathered, paperwork filed and court proceedings handled with precision, professionalism and competency allowing you to move forward with peace of mind.

Chapter 7 — Liquidation

Chapter 7 is designed for debtors who are having financial difficulties and are not able to re-pay their debts.

If your current monthly income is above the State Median Income you will be required to perform a Means Test to determine if you are eligible for this type of bankruptcy relief. If you do not meet the requirements of the Means Test then you may be precluded from filing a Chapter 7 and have the option of converting to Chapter 13 or filing a Chapter 13.

Under Chapter 7, a Trustee takes possession of all your property. You may claim certain property as exempt under Florida law. A copy of the Florida Exemption Law is attached to this notice. You can only exempt the value of property that is not subject to the liens of your creditors. The Trustee then liquidates the non-exempt property and uses the proceeds to pay off your creditors according to priorities of the Bankruptcy Code.

The purpose of filing a Chapter 7 is to obtain a discharge of your existing debts. If, however, you are found to have committed certain kinds of improper conduct described in the Bankruptcy Code, your discharge may be denied by the Court, and the purpose for which you filed the bankruptcy petition will be defeated.

Even if you receive a discharge, there are some debts that are not discharged under the law. Therefore, you may still be responsible for such debts as certain taxes and student loans, alimony and support payments, criminal restitution, and debts for death or personal injury caused by driving while intoxicated with alcohol or drugs.

Under certain circumstances you may be able to keep property that you have purchased subject to a valid security interest. Some of these options include what is called redemption and the renewal or reaffirmation of an existing pre-bankruptcy debt. Your attorney can explain the options that are available to you.

Chapter 13 — Repayment of All or Part of the Debts of an Individual with Regular Income

Chapter 13 is designed for individuals with a regular and stable source of income who are temporarily unable to pay their debts but who desire to use their best efforts and good faith to pay them in installments over a period of time subject to the protections afforded by the Chapter 13 rules. You are only eligible for Chapter 13 if your debts do not exceed certain dollar amounts set forth in the Bankruptcy Code.

Under Chapter 13 you must file a plan with the Court to repay your creditors all or part of the money that you owe them, using your future earnings or by the disposition and/or abandonment of certain collateral such as land and motor vehicles. You are protected from your creditors in most case upon the filing of your case but your plan must be approved by the Court before it can take effect.

Under Chapter 13, unlike Chapter 7, you may keep all of your property, both exempt and non-exempt, as long as you continue to make payments under the plan.

After completion of payments under the plan, your debts are discharged except for any domestic support obligations, student loans, and certain taxes, among others.

Chapter 11 — Reorganization

Chapter 11 is designed primarily for the reorganization of businesses but is also available to consumer debtors. Its provisions are quite complicated, and any decision for an individual to file a Chapter 11 petition should be reviewed with an attorney. Most Chapter 11 cases are simply too expensive for the great majority of consumer debtors. Most individuals are aware of the high profile Chapter 11 cases that have been filed in recent years by many of the commercial airlines.

Chapter 12 — Family Farmer

Chapter 12 is designed to permit family farmers and fishermen to repay their debts over a period of time from future earnings and is in many ways similar to a Chapter 13. The eligibility requirements are restrictive, limiting its use to those who whose income arises primarily from a family owned farms or fisheries.

To speak to an attorney about your bankruptcy issue, please Contact Us today.

Business Law

Teuber Law can handle all legal issues affecting businesses. From the formation of your business through all the legal issues that arise during the lifetime of your business to the selling or merging of your business.

Our firm can assist entrepreneurs in choosing the appropriate business entity to balance the effects of personal liability, tax consequences to the business and its owners, transferability of ownership, and other legal and financial issues affecting business formation and ownership. Our firm provides all the legal assistance required to form sole-proprietorships, partnerships both limited and general, limited liability companies, and corporations including professional and S corporations.

In providing assistance, Teuber Law strives to work hand in hand with a client's accountant and other advisors to insure that the client's needs are fully met.

During the lifetime of your business our firm can assist in drafting employment contracts, non- competition agreements, sales contracts, and other documents that your business may need from time to time.

In addition, we can review lease agreements and other contracts that your business may have under consideration or provide advice and help in any other matter that may arise.

To speak to an attorney about your business legal matter, please Contact Us today.

Construction Law

Teuber Law provides focused legal counsel on both transactional and dispute resolution matters. Our clients include owners, contractors, and financial institutions located throughout Southwest Florida.

We bring our legal and construction expertise forward during many stages of a construction project. These stages range from designing the contracting structure to developing financial and risk management strategies, securing required entitlements and assuring legal compliance, negotiating and administering the contracts, and responding to and ultimately resolving any claims that may arise.

Our lawyers have extensive backgrounds in:

• Structuring, drafting and negotiating architecture, engineering, procurement, construction and financing contracts of all types.
• Developing financing strategies and providing counsel on reducing project exposure to a variety of sales, use, income, and property taxes.
• Designing and implementing risk management strategies for construction projects, including wrap- up or owner-controlled insurance programs and overseas political risk insurance.
• Prosecuting and defending against claims involving extra work, delays and acceleration, subsurface conditions, mechanics' liens, stop notices, and construction defects.
• Litigating complex construction cases in both federal and state courts.
• Representing construction clients in alternative dispute resolution forums, including arbitration, mediation and mini-trial proceedings.

Our experience in both the process as well as in the construction trade provides a concise, analytical approach unique to only a select number of firms across the United States.

To speak to an attorney about your construction legal matter, please Contact Us today.

Copyright Law

Copyright Protection

Our experienced attorneys can assist in all aspects of copyright registration, protection, and licensing. We counsel clients on a full range of services in the realm of copyright Law including:

• Work for hire agreements and copyright assignments
• Copyright licensing agreements
• Policing and enforcement
• Dispute resolution and litigation
• Copyright registration
• Fair use

Copyright Enforcement

Copyright infringement is an all too common occurrence, both online and off. Our attorneys have extensive experience enforcing copyrights against infringers, and securing favorable results through negotiation or litigation.

Trademarks

Teuber Law services include conducting searches and investigations to determine the availability of marks and obtaining federal, state and foreign registration of trademarks, service marks, collective marks and certification marks. A trademark search and opinion allows you to determine if someone else has already registered a mark similar to your mark.

This may be a valuable advantage, as it will allow you to transform you mark into a more distinctive mark before you begin investing valuable time and money into the goodwill of your mark.

Trademarks are often essential to growing a company, product, or service. Trademarks provide assurance that your mark or image is distinguishable from another persons mark, and can be applied to any "mark" used to distinguish one manufacturer's goods from another's or one service provider from another.

In the United States, a word, name, symbol, or object can be considered a "mark". Trademark laws protect your goods/services from being mistaken for someone else's goods/services that may have a similar trademark. Since trademarks distinguish the goods/services of one manufacturer from another, trademark rights in the United States primarily apply to the protection of the public from confusion or deception about the origin and/or quality of goods, services, or commercial identity.

Until you have a federally registered trademark, your trademark may not have the benefit of full protection. Before making a substantial investment in time and advertising with your trademark, it may be important to obtain a trademark search and consider the potential problems in the market place with use of the particular trademark.

Having a federally registered trademark with the United States Patent & Trademark Office will give you significant advantages for protection and enforcement, that are likely not available from your common law rights. Such as, allowing you to sue an infringer in federal court, protecting your mark against the importation of clearly infringing foreign goods, allowing you to use your mark nationwide, providing a constructive notice of rights, ownership, evidentiary presumptions, and anti-counterfeiting remedies.

Although the benefits of a trademark are often immeasurable, a trademark may or may not be enough to effectively and legally protect your goods and/or services. In addition to a trademark, it may be necessary to secure a patent and/or copyright. Before deciding if a trademark is adequate protection for your goods and/or services, it is imperative that you seek a legal recommendation from our trained team.

To speak to an attorney about your copyright legal matter, please Contact Us today.

Family Law

Divorce, custody and family disputes are highly emotional and important matters.

Regardless of the circumstances, the breakup of any marriage involves many legal issues that cannot be overlooked and must be thoroughly researched and evaluated so that our clients obtain a fair and equitable result upon termination of their marriage.

Divorce is much more than the legal end to a marriage. It involves a complete transition of the lives of two people and their dependents. With the mere stroke of a Judge's pen, you go from being married to being single and now you have a whole new lifestyle. In the divorce process, you may become a single parent, or the parent responsible for child support. Your emotional equilibrium will most certainly be impacted, and generally for the worse. Situational depression is common for both parent and child. Displays of strong emotion can adversely impact the process. Your spouse may wish to relocate with the children. Your financial status will change. Money used to support one household will now be used to support two separate households. The assets you have spent a lifetime in acquiring will be divided between you and your spouse. Living arrangements are, indeed, very different. Virtually every aspect of your life will change.

Teuber Law understands these issues and the impact this event has on the lives of all involved and is adept at handling complex divorce cases involving significant assets and income, valuation of business interests, and complex custody, support and alimony matters.

When you are involved in a divorce, you feel like you have lost control of your entire life. The goal of Teuber Law is to help every client gain a feeling of control and direction during the divorce process.

Teuber Law is also experienced in handling a full range of legal issues pertaining to family relationships including:

• Divorce
• Child custody
• Child support
• Paternity
• Prenuptial (antenuptial) agreements
• Dependency (abuse/neglect)
• Cooperative problem solving and collaborative divorce
• Modification & enforcement of child support, custody, and visitation
• Dissolution of marriage
• Visitation
• Spousal maintenance
• Adoption
• Business valuation and tax issues
• Termination of parental rights

To speak to an attorney about your family legal matter, please Contact Us today.

Probate Law

Probate is the legal process that occurs after your death to pass title to your assets and to resolve any outstanding debts. Probate Administration involves issues and concerns that may not be apparent to the beneficiaries of the deceased. Often, beneficiaries may not know where to start, what needs to be filed and what can or cannot be done after a loved one passes. By hiring a competent Trust and Estate Attorney, guidance can be given to help navigate and complete what needs to be done to close an estate and allow your family to focus on dealing with the loss of a loved one.

Estate Under $50,000 Within Two Years of Death

If two years has not passed from the date of death of the non-resident, and should the estate be less than $50,000.00, then the Florida lands may be cleared through another Summary Procedure wherein the foreign exemplified copy of will, order admitting documents to record, the Letters or their equivalent, the part of the record showing the names of the devisees and heirs may be permitted to be recorded in the county where the Florida land is located.

Summary Administration – Under $75,000

Should real estate form part of the Florida estate of the non-resident or resident and the value of the property not exempt from claims of creditors does not exceed $75,000.00, (over the amount of the exempt Homestead located in Florida) OR the decedent has been dead for more than two years, then a Summary Administration may be taken.

Full Ancillary Administration

When the non-resident of Florida dies leaving assets including real estate in excess of $50,000.00, and cannot qualify for a summary procedure, then it is necessary to open a full Ancillary Administration.

Probate Non-Resident – Foreign Personal Representative Foreign Will to Probate After Two Years from Date of Death

Many estates have already been opened through a probate proceeding outside of Florida called “Domiciliary Proceedings”. Nonetheless, without any proceeding at all, a Personal Representative appointed in the non-Florida jurisdiction may present a certified copy and other documentation to be recorded in a Florida county which will then permit the foreign Personal Representative to satisfy mortgages of record or make modifications therein.

Post Death Trust Administration

It is necessary to file a Notice of Trust with the Clerk of Court, within reasonable period after the death of the settlor. This office can provide both checklists on an informal or formal basis to your clients and to the successor trustees nominated in the trust.

To speak to an attorney about your probate legal matter, please Contact Us today.

Real Estate Law

Buying a Home

One of the biggest lessons recently learned by homebuyers is that buying a home requires entering into a contract with the lender; a contract that obligates the buyer to pay hundreds of thousands of dollars no matter what changes occur in your financial situation. While it is important to find the right home for you and your family, it is also important that you understand what the terms of the contact are that you are agreeing to. Having an attorney review your documents and represent you at closing can prevent surprises later.

Real Estate Closings

With selling or transferring residential properties with or without a Realtor involved. Our firm can draft the contracts and handle the entire closing at a small nominal fee for the contract only and normally does not charge any attorney fee for the cost of the title insurance or the closing itself, you will find the fees very competitive with other commercial title insurance agencies; please call for a quote.

1031 Non-Taxable Exchanges

These can be accommodated by the drafting of the proper instruments in addition to any closing that takes place and there is counsel who can assist you as the qualified intermediary in order to reduce or otherwise eliminate the entire capital gain upon any exchange.

Homestead Clearance Without Real Estate

Should a parent or relative die unexpectedly and leave real estate anywhere within Florida, there is a cost effective and efficient alternative to a Formal Real Estate in the event that all assets held by the decedent in Florida do not exceed $75,000.00. If the only asset is a homestead and you are a resident, Real Estate can be avoided.

Competitive Title Insurance Quote

Try us for a competitive quote on your closing fees if you are thinking of buying or selling.

Real Estate Quiet Title Actions

Working the chain of title through the public records and through the Courts to secure proper and clear title.

Real Estate Contract Review

Reviewing contracts and agreements for application and validity, both prior to execution and analysis afterwards for possible remedies or proper courses of actions.

To speak to an attorney about your real estate legal matter, please Contact Us today.